Adriance v. . Lagrave

The question whether an extradited person can be detained by arrest upon civil process, has not been, that I am aware, adjudged.

The learned judge, at General Term, in an able opinion in favor of setting aside the order of arrest, maintained that there was an implied treaty obligation binding upon and enforcible by the courts, not to detain the accused for any act criminal or civil, committed prior to the extradition, except the crime specified in the proceedings. He cited no authorities, but enforced his position by plausible and forcible arguments. I have examined the subject with some care,…